Lam v R [2014] NSWCCA 50

Lam v R [2014] NSWCCA 50

The sentencing judge was entitled, on the facts, to accord less weight to good character given involvement in substantial drug trafficking. The sentences were not manifestly excessive in light of the seriousness of the offences, financial motive, and drug purity. Parity with the co-offender was properly evaluated and, in the face of a specific concession at sentence, no exceptional circumstances justified revisiting parity.

Parties
Applicant: Tuyet Lam; Respondent: Crown
Jurisdiction
Australia
Judgment Date
01 May 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence, Supply Prohibited Drug, Good Character, Parity Principle
Criminal Law Sentence Supply Prohibited Drug Good Character Parity Principle

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Parties

Tuyet Lam

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal

Legal Issues

  1. 1 Whether good character should be accorded less weight for drug offences
  2. 2 Whether the sentence was manifestly excessive
  3. 3 Whether there was a lack of parity between the applicant and co-offender

Ratio Decidendi

The sentencing judge was entitled, on the facts, to accord less weight to good character given involvement in substantial drug trafficking. The sentences were not manifestly excessive in light of the seriousness of the offences, financial motive, and drug purity. Parity with the co-offender was properly evaluated and, in the face of a specific concession at sentence, no exceptional circumstances justified revisiting parity.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed